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(영문) 서울중앙지방법원 2019.07.24 2019고단2782

특수협박

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who drives a BMW car.

On 23:10 on 24:20 on 24:10 on 2019, the Defendant driving the above vehicle, and proceeding two lanes from the front side of Dongjak-gu Seoul Metropolitan Government C, along two-lanes from the real distance of sublime three streets.

There was a stop in the signal atmosphere.

At this time, from the two-lanes of the same direction, the Fexpact car volume of the victim E (the age of 21, the south) driving made the victim's resistance from the vehicle to the victim, and the defendant was able to threaten the victim with the above vehicle, which is the dangerous thing for the defendant.

Accordingly, the Defendant had been aware that the damaged vehicle had followed, but stopped intentionally while standing while doing so, and acted as if he would inflict any harm on the body of the victim.

Accordingly, the defendant threatened the victim by using a dangerous vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Act and subordinate statutes governing one screen booms and video CDs for damaged vehicles;

1. Relevant Articles 284 and 283 (1) of the Criminal Act concerning criminal facts, the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is to threaten a victim by means of sudden operation of a vehicle, and the nature of the crime is not good. However, the defendant's mistake is contrary to the defendant's recognition of his mistake, the defendant has no record of criminal punishment before and after the crime was committed, and the punishment is determined as ordered in consideration of the sentencing conditions under Article 51 of the Criminal Act, such as the background of the crime in this case and the circumstances before